[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1564 Reported in Senate (RS)]







106th CONGRESS
  2d Session
                                S. 1564

                          [Report No. 106-379]

              To protect the budget of the Federal courts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 1999

   Mr. Cochran (for himself, Mr. Stevens, Mr. Roth, Ms. Collins, Mr. 
  Hatch, and Mr. Leahy) introduced the following bill; which was read 
twice and referred jointly pursuant to the order of August 4, 1977, to 
      the Committees on the Budget and Governmental Affairs, with 
 instructions that if one committee reports, the other committee have 
                 thirty days to report or be discharged

                            August 25, 2000

 Reported under authority of the order of the Senate of July 26, 2000, 
                   by Mr. Thompson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            August 25, 2000

   Referred to the Committee on the Budget, pursuant to the order of 
      August 7, 1977, for a period not to exceed 30 calendar days

_______________________________________________________________________

                                 A BILL


 
              To protect the budget of the Federal courts.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal Courts Budget 
Protection Act''.</DELETED>

<DELETED>SEC. 2. BUDGET ESTIMATES.</DELETED>

<DELETED>    (a) In General.--Section 605 of title 28, United States 
Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 605. Budget estimates</DELETED>
<DELETED>    ``(a) Notwithstanding section 1105(b) of title 31, the 
Director, under the supervision of the Judicial Conference of the 
United States, shall submit to Congress before January 25 of each year 
annual estimates of the following:</DELETED>
        <DELETED>    ``(1)(A) The expenditures and appropriations 
        necessary for the maintenance and operation of the courts and 
        the Administrative Office and the operation of the judicial 
        survivors annuity fund and any supplemental and deficiency 
        estimates as may be required for such purposes according to 
        law.</DELETED>
        <DELETED>    ``(B) The estimates required by this paragraph 
        shall be approved, before presentation to Congress, by the 
        Judicial Conference of the United States, except that the 
        estimate with respect to the Court of International Trade shall 
        be approved by that court and the estimate with respect to the 
        United States Court of Appeals for the Federal Circuit shall be 
        approved by that court.</DELETED>
        <DELETED>    ``(2)(A) The expenditures and appropriations 
        necessary for real property construction activities, including 
        construction and acquisitions and repairs and alterations, 
        related to United States courthouses and other space occupied 
        by entities of the judicial branch.</DELETED>
        <DELETED>    ``(B) For the purpose of preparing estimated 
        expenditures and appropriations under this paragraph, the 
        Administrator of General Services shall, at such times as are 
        required by Congress or the judicial branch to ensure timely 
        development and consideration of courthouse needs and budget 
        requests, prepare and submit directly--</DELETED>
                <DELETED>    ``(i) prospectuses, including cost 
                estimates, for future judicial branch construction, 
                acquisition, and repair and alteration projects to the 
                Director, the Committee on Environment and Public Works 
                of the Senate, the Committee on Transportation and 
                Infrastructure of the House of Representatives, and the 
                Committees on Appropriations of the Senate and House of 
                Representatives; and</DELETED>
                <DELETED>    ``(ii) preliminary planning, design and 
                cost estimates of future judicial branch construction, 
                acquisition, and repair and alteration projects to the 
                Director.</DELETED>
        <DELETED>    ``(C) In accordance with estimates prepared under 
        this paragraph, funds may be appropriated to the judicial 
        branch for deposit into the Federal Buildings Fund for the 
        construction, acquisition, and repair and alteration of Federal 
        courthouses. Funds deposited into the Federal Buildings Fund 
        under this subparagraph shall not be available for expenses in 
        connection with any construction, acquisition, and repair and 
        alteration project for which a prospectus, if required by 
        section 7 of the Public Buildings Act of 1959 (40 U.S.C. 606), 
        has not been approved, except that necessary funds may be 
        expended for each project for required expenses in connection 
        with the development of a proposed prospectus.</DELETED>
<DELETED>    ``(b)(1) The estimates submitted to Congress under 
subsection (a) shall also be submitted to the President for inclusion 
in the budget of the United States. In including the estimates in the 
budget, the President shall make no change or alterations whatsoever, 
and shall not impose or otherwise recommend, directly or indirectly, 
implementation of a negative allowance, rescission, or any other form 
of reduction or change to such estimates.</DELETED>
<DELETED>    ``(2) For the purpose of preparing a unified Federal 
budget by the President, the Director shall transmit to the President--
</DELETED>
        <DELETED>    ``(A) preliminary estimated expenditures and 
        proposed appropriations for the judicial branch before October 
        16 of each year; and</DELETED>
        <DELETED>    ``(B) final estimated expenditures and proposed 
        appropriations for the judicial branch before December 24 of 
        each year, and such final estimates shall be identical to the 
        estimates to be submitted to Congress under subsection 
        (a).</DELETED>
<DELETED>    ``(c) The Director shall cause periodic examinations of 
the judicial survivors annuity fund to be made by an actuary, who may 
be an actuary employed by another department of the Government 
temporarily assigned for the purpose, and whose findings and 
recommendations shall be transmitted by the Director to the Judicial 
Conference.''.</DELETED>
<DELETED>    (b) Responsibilities of the Administrator.--Except for the 
budget submission process provided in section 605(a)(2) of title 28, 
United States Code, as added by subsection (a) of this section, the 
responsibilities of the Administrator of General Services for--
</DELETED>
        <DELETED>    (1) assessing, with the Director of the 
        Administrative Office, facility requirements and specifications 
        and costs for the judicial branch; and</DELETED>
        <DELETED>    (2) the planning and performance of construction 
        and repair and alteration functions for the judicial 
        branch;</DELETED>
<DELETED>shall not be affected by section 605(a) of title 28, United 
States Code, as added by subsection (a).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Courts Budget Protection 
Act''.

SEC. 2. BUDGET ESTIMATES.

    (a) In General.--Section 605 of title 28, United States Code, is 
amended to read as follows:
``Sec. 605. Budget estimates
    ``(a) The Director, under the supervision of the Judicial 
Conference of the United States, shall submit to Congress before 
January 25 of each year annual estimates of the following:
            ``(1)(A) The expenditures and appropriations necessary for 
        the maintenance and operation of the courts and the 
        Administrative Office and the operation of the judicial 
        survivors annuity fund and any supplemental and deficiency 
        estimates as may be required for such purposes according to 
        law.
            ``(B) The estimates required by this paragraph shall be 
        approved, before presentation to Congress, by the Judicial 
        Conference of the United States, except that the estimate with 
        respect to the Court of International Trade shall be approved 
        by that court and the estimate with respect to the United 
        States Court of Appeals for the Federal Circuit shall be 
        approved by that court.
            ``(2)(A) The expenditures and appropriations necessary for 
        real property construction activities, including construction 
        and acquisitions and repairs and alterations, related to United 
        States courthouses and other space occupied by entities of the 
        judicial branch.
            ``(B) Estimated expenditures and appropriations under this 
        paragraph shall be based on prospectuses and other information 
        provided by the Administrator of General Services.
            ``(C) For the purpose of preparing estimated expenditures 
        and appropriations under this paragraph, the Administrator of 
        General Services shall, at such times as are required by 
        Congress or the judicial branch to ensure timely development 
        and consideration of courthouse needs and budget requests, 
        prepare and submit directly--
                    ``(i) prospectuses, including cost estimates, for 
                future judicial branch construction, acquisition, and 
                repair and alteration projects to the Director, the 
                Committee on Environment and Public Works of the 
                Senate, the Committee on Transportation and 
                Infrastructure of the House of Representatives, and the 
                Committees on Appropriations of the Senate and House of 
                Representatives; and
                    ``(ii) preliminary planning, design and cost 
                estimates of future judicial branch construction, 
                acquisition, and repair and alteration projects to the 
                Director.
            ``(D) In accordance with estimates prepared under this 
        paragraph, funds may be appropriated to the judicial branch for 
        deposit into the Federal Buildings Fund for the construction, 
        acquisition, and repair and alteration of Federal courthouses. 
        Funds deposited into the Federal Buildings Fund under this 
        subparagraph shall not be available for expenses in connection 
        with any construction, acquisition, and repair and alteration 
        project for which a prospectus, if required by section 7 of the 
        Public Buildings Act of 1959 (40 U.S.C. 606), has not been 
        approved by the Committee on Environment and Public Works of 
        the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives, except that 
        necessary funds may be expended for each project for required 
        expenses in connection with the development of a proposed 
        prospectus.
    ``(b)(1) The estimates submitted to Congress under subsection (a) 
shall also be submitted to the President for inclusion in the budget of 
the United States. In each budget of the United States Government 
submitted by the President under the first sentence of section 1105(a) 
of title 31, the President shall make no change or alterations 
whatsoever, and shall not impose or otherwise recommend, directly or 
indirectly, implementation of a negative allowance, rescission, or any 
other form of reduction or change to such estimates.
    ``(2) For the purpose of preparing a unified Federal budget by the 
President, the Director shall transmit to the President--
            ``(A) preliminary estimated expenditures and proposed 
        appropriations for the judicial branch before October 16 of 
        each year; and
            ``(B) final estimated expenditures and proposed 
        appropriations for the judicial branch before December 24 of 
        each year, and such final estimates shall be identical to the 
        estimates to be submitted to Congress under subsection (a).
    ``(c) The Director shall cause periodic examinations of the 
judicial survivors annuity fund to be made by an actuary, who may be an 
actuary employed by another department of the Government temporarily 
assigned for the purpose, and whose findings and recommendations shall 
be transmitted by the Director to the Judicial Conference.''.
    (b) Conforming Amendment.--Section 1105(b) of title 31, United 
States Code, is amended by adding at the end the following: ``Estimated 
expenditures and proposed appropriations for the judicial branch 
described under section 605 of title 28 shall be included in the budget 
and submitted to the President in accordance with that section.''.
    (c) Responsibilities of the Administrator.--Except for the budget 
submission process provided in section 605(a)(2) of title 28, United 
States Code, as added by subsection (a) of this section, the 
responsibilities of the Administrator of General Services for--
            (1) assessing, with the Director of the Administrative 
        Office of the United States Courts, the facility requirements, 
        specifications, and costs associated with housing the needs of 
        the judicial branch in buildings to be constructed, leased, or 
        renovated through funds made available to the General Services 
        Administration from the Federal Buildings Fund or any other 
        source;
            (2) the planning, cost estimating, design and performance 
        of construction, leasing and repair, and alteration functions 
        for the purpose of housing the activities of the judicial 
        branch; and
            (3) the planning and determination of the housing plans of 
        those elements of the executive branch which should be included 
        in buildings to be constructed, leased, or renovated for the 
        judicial branch where necessary to support the activities of 
        the judicial branch or to best meet the needs of the Federal 
        community;
shall not be affected by section 605(a) of title 28, United States 
Code, as added by subsection (a).
                                 <all>